15 U.S.C. § 1715

Administration

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(a) Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal

The authority and responsibility for administering this chapter shall be in the Director of the Bureau of Consumer Financial Protection who may delegate any of his functions, duties, and powers to employees of the Bureau of Consumer Financial Protection or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this chapter. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Bureau in compliance with sections 3105, 3344, 5372, and 7521 of title 5. The Director shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Bureau, to boards of officers or to himself, as shall be appropriate and in accordance with law.

(b) Hearings

All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5.

The Director shall conduct all actions with respect to rulemaking or adjudication under this chapter in accordance with the provisions of chapter 5 of title 5. Notice shall be given of any adverse action or final disposition and such notice and the entry of any order shall be accompanied by a written statement of supporting facts and legal authority.

(Pub. L. 90–448, title XIV, § 1416, Aug. 1, 1968, 82 Stat. 597; Pub. L. 95–251, § 2(a)(5), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(J), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 96–153, title IV, § 407, Dec. 21, 1979, 93 Stat. 1131; Pub. L. 98–479, title II, § 202(d), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 111–203, title X, § 1098A(1)–(3), (5), July 21, 2010, 124 Stat. 2105.)Editorial NotesAmendments

2010—Pub. L. 111–203, § 1098A(1), substituted “Director” for “Secretary” wherever appearing.

Subsec. (a). Pub. L. 111–203, § 1098A(5), substituted “Director of the Bureau of Consumer Financial Protection” for “Secretary of Housing and Urban Development”.

Pub. L. 111–203, § 1098A(3), substituted “in the Bureau” for “in the Department” in two places.

Pub. L. 111–203, § 1098A(2), substituted “Bureau of Consumer Financial Protection or” for “Department of Housing and Urban Development or”.

1984—Subsec. (b). Pub. L. 98–479 substituted “subchapter II of chapter 5, and chapter 7, of title 5” for “the Administrative Procedure Act”.

1979—Subsec. (c). Pub. L. 96–153 added subsec. (c).

1978—Subsec. (a). Pub. L. 95–454 substituted “5372” for “5362”.

Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following Dec. 21, 1979, see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as a note under section 5361 of Title 5, Government Organization and Employees.

Effective Date

Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

Notes of Decisions

Cited in 17 cases, 1979–2015 · leading case: Pugliese v. Pukka Dev., Inc., 550 F.3d 1299 (11th Cir. 2008).

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Pugliese v. Pukka Dev., Inc., 550 F.3d 1299 (11th Cir. 2008). · cites it 2× “15 U.S.C. §§ 1715 , 1718. Current HUD regulations do not provide guidance on this issue, despite Appellant’s assertions to the contrary.”

Tobye R. Markowitz, Individually & on Behalf of All Others Similarly Situated v. Ne. Land Co.. Appeal of Tobye R. Markowitz, 906 F.2d 100 (3rd Cir. 1990). “]” 15 U.S.C.A. § 1715 (a) (West 1982). In “Guidelines for Exemptions Available Under the Interstate Land Sales Full Disclosure Act,” found at 24 C.”

Samara Dev. Corp. v. Marlow, 556 So. 2d 1097 (Fla. 1990). · cites it 2× “Congress, pursuant to 15 U.S.C. § 1715 , has specifically delegated to HUD the responsibility of administering its laws concerning interstate land sales.”

Story v. Shelter Bay Co., 760 P.2d 368 (Wash. Ct. App. 1988). “Implicit in these powers is the power to invoke perjury sanctions against those who testify falsely. King v. Borges, supra.”

Bodansky v. Fifth on the Park Condo, LLC, 635 F.3d 75 (2d Cir. 2011). “Because HUD is charged with administrating ILSA, 15 U.S.C. § 1715 , it has authority to issue appropriate regulations regarding ILSA, id.”

Gentry v. Harborage Cottages-Stuart, LLLP, 602 F. Supp. 2d 1239 (S.D. Fla. 2009). “Dep. of Goodfellow, at 31-32. 7 . This Court finds that Defendants’ Responses to Plaintiffs’ Request for Admissions was timely.”

Rai v. WB Imico Lexington Fee, LLC, 802 F.3d 353 (2d Cir. 2015). “§ 5581 (b)(7) and 15 U.S.C. §§ 1715 , 1718 (2012), and whose views on the question the Court solicited, concurs in this conclusion, advising that in its view ILSA “permitís] a developer to comply with § 1703 by delivering the property report to the purchaser’s designated agent.”

Pugliese v. Pukka Dev., Inc., 524 F. Supp. 2d 1370 (S.D. Fla. 2007). “Dept, of Housing and Urban Development (“HUD”) is responsible for the Act’s administration, see 15 U.S.C. § 1715 , the Defendant contends that the opinion letter should be “entitled to great weight and deference.”

De Luz Ranchos Inv., Ltd. v. Coldwell Banker & Co., 608 F.2d 1297 (9th Cir. 1979). “See 15 U.S.C. § 1715 (a); 24 C.F.R. § 1700.10 (1979).”

Olsen v. Lake Country, Inc., 955 F.2d 203 (4th Cir. 1991). “15 U.S.C. § 1715 (a). We are of the view that HUD’s interpretation of the Act, pursuant to this mandate, is reasonable, and should be upheld to effectuate the Act’s purpose.”

Indomenico v. 123 Washington, LLC, 813 F. Supp. 2d 403 (S.D.N.Y. 2011). “HUD has promulgated regulations that define a “lot” as “any portion, piece, division, unit, or undivided interest in land if such interest includes the right to the exclusive use of a specific portion of the land or unit.”

Becherer v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 920 F. Supp. 1345 (E.D. Mich. 1996). “For purposes of definition, if the purchaser has been assigned a specific lot on a recurring basis for a defined period of time and could eject another person during the time he has the right to use that lot, then the purchaser has an exclusive use.”

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